Brazell v. City of Seattle

Citations

• 55 Wash. 180
• 104 P. 155
• 1909 Wash. LEXIS 729

Syllabus

<p>Municipal Corporations —• Streets — Vacation — Hearing — Continuance. A city council Laving obtained jurisdiction, by petition and notice, to vacate a street, jurisdiction is not lost by postponing the hearing without entering a continuance to a day certain or giving notice of the time.</p> <p>Same — Power to Vacate — Procedure. City councils have no power to vacate streets except as delegated by the legislature, and the procedure therefor must be strictly followed.</p> <p>Same — Replats—Power to Modify — Statutes — Construction. Under Laws 1903, p. 139, authorizing street vacations and replats, upon the filing of a replat, “accompanied with a petition for the change desired” by three-fourths of the owners, which the council may approve or reject, and “assess damages or benefits, award the same and make such order in the premises as justice and the public welfare may require,” the council has no power to modify the proposed replat, hut must approve or reject it in its entirety, and an order approving part of the vacation petitioned for is void.</p> <p>Same — Repeats—Power to Modify — Statutes. Laws 1903, p. 139, requiring a proposed replat for street vacations to be filed showing the changes petitioned for by three-fourths of the owners, and giving the city council complete jurisdiction to inquire into and determine the merits, assess damages or benefits, award the same, and make orders required by justice and the public welfare, the city council can only approve or reject the petition in its entirety, and an order altering the proposed replat is void; the orders required by justice, etc., referring to the necessary assessments and awards, and not to modifications of the replat.</p> <p>Eminent Domain — Use of Streets — Right of Abutters — Compensation. An abutting owner cannot be deprived of his right to the use of the full width of the street without just compensation.</p> <p>Same — Rights of Abutters — Injunction—Special Injury. An abutting owner deprived of hi